StarBulletin.com

Judge considers trying teen as adult


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POSTED: Friday, September 26, 2008

A state judge could rule as early as next week on whether a teenage boy should be tried as an adult on charges of raping and murdering an Ewa Beach neighbor more than 16 months ago.

Family Circuit Judge Frances Wong held the final hearing on the issue yesterday and indicated she might issue a ruling next week.

The teenager, who remains in custody at the Hawaii Youth Correctional Facility, was 15 when 51-year-old Karen Ertell's body was found at her Ewa Beach home May 2 last year. He is accused of sexually assaulting and strangling her.

The Family Court proceedings on whether the boy should be tried as an adult have been delayed a number of times. The hearings are closed to the public, but one reason for the delay is that the judge might be wrestling with the issue of whether the boy suffers mental problems.

Under state law, a teenager under age 18 can be tried as an adult if “;there is no evidence”; the youth can be committed to a mental institution.

The youth's attorney, Jeffrey Hawk, and city First Deputy Prosecutor Douglas Chin both declined to comment on the status of the case as they left the courthouse yesterday.

But it was learned that the judge wanted more time to consider the case before issuing a decision.

The decision on whether to waive the youth to adult court is critical.

Youths convicted in Family Court can be held until they turn 19. But youths tried as adults would face the maximum penalties for the crimes if convicted. In Ertell's case, the youth is charged with first-degree murder, which carries a prison term of life without parole, Hawaii's harshest sentence.

Ertell's relatives and friends have expressed frustration over the delays and length of time it has taken the Family Court to rule on the threshold issue of which court will handle the case.

Kevin Callahan, Ertell's boyfriend, said yesterday they're glad that the hearing finally took place.

“;It's going to be pins and needles until (the ruling),”; he said.

Judiciary spokeswoman Marsha Kitagawa has acknowledged that similar cases can take only a few months for a judge to decide on the waiver issue, but she said a judge's responsibility is “;to ensure due process and that proper procedures are followed, even in the face of public impatience.”;